Hackensack to pay cops’ $500,000 legal bills

The Hackensack City Council agreed to pay more than $500,000 in legal bills for two police officers who were found not guilty of criminal charges related to the former police chief.

The council voted Tuesday to pay $192,115 to reimburse Sgt. Thomas Aletta and $308,857 to Capt. Danilo Garcia for their legal costs. The payments drew protests from local government critics who said the council already has generated millions in legal expenses.

Hackensack’s insurer will not cover the payments, City Manager Stephen Lo Iacono said. The city’s policy does not cover criminal defense cases.

Aletta and Garcia were accused of intervening in a robbery and assault investigation involving two sons of Zisa’s girlfriend. The police officers were found not guilty of official misconduct and conspiracy charges in December.

The city has a right to pay officers’ legal fees under state law, said City Attorney Joseph Zisa, a cousin of the ex-chief.

“Based on case law, the council is given the ability to use their best judgment on a case-by-case basis,” he said.

State law says the council must pay for an officer’s legal defense against charges resulting from the “lawful exercise” of police powers. If the charges are dismissed, the officer’s legal defense must be paid for by the city.

Garcia was represented by Richard Regan of DeCotiis, FitzPatrick and Cole in Teaneck, whose hourly charge was about $390.

Aletta’s legal counsel was Robert Galantucci of Galantucci and Patuto in Hackensack, who charged $225 per hour, the city attorney said.

Joseph Zisa said he negotiated with the two lawyers to lower the total cost by about $25,000. He said he knew of no other way the city could control that cost after a case is resolved. The city’s own pay rate for outside counsel is $125 per hour. The council has been unwilling to hire outside lawyers to defend municipal employees at the outset of criminal trials, he said.

The local government has come under fire over its legal spending. More than 20 police officers sued the city and its former police chief, claiming he used favoritism, intimidation and abuse to further his political ambitions.

Hackensack and its insurer have paid at least $2.5 million fighting civil cases filed against Ken Zisa. The city also has agreed to $3.48 million in payments for some police officers who sued.

Kathleen Canestrino, a Hackensack resident who plans to run for City Council, said Joseph Zisa should go back to the defense lawyers and negotiate a better rate.

She also said the city should have negotiated in the beginning if it knew it could be responsible for the bills. The millions the city has spent on legal fees “is an enormous amount and a tremendous burden to the taxpayers,” Canestrino said.

In December 2011, the city’s insurer canceled the policy, deeming the liability too great after paying to defend dozens of lawsuits.

Hackensack joined the South Bergen Joint Insurance Fund, a pool of government agencies that pay into an account used to settle claims. The city’s policy contains a clause that the fund will not pay any claims involving the former police chief.

Aletta and Garcia had been accused of helping the former police chief cover up an investigation into a 2004 robbery and assault of a 15-year-old boy. Two suspects were Ryan and Michael Tiernan — sons of Zisa’s girlfriend, Kathleen Tiernan — who were living with Zisa at the time, according to prosecutors.

The officers were cleared of the charges in a Dec. 10 state Superior Court ruling and were reinstated at their jobs soon after.

They were tried separately from Zisa, who was acquitted of conspiring with Garcia and Aletta in the robbery and assault investigation. A judge also threw out an official misconduct charge against Zisa for allegedly interfering with that investigation.

Zisa was convicted last year of official misconduct and insurance fraud and sentenced to five years in prison for covering up an alleged drunken-driving incident involving Tiernan. He is free on bail while he appeals his conviction.

Email: adely@northjersey.com

Hackensack police Sgt. Thomas Aletta, right, in court in October 2012. He eventually was acquitted.

Hackensack police Capt. Danilo Garcia during his trial in October 2012. He was acquitted in the case.

Hackensack to pay cops’ $500,000 legal bills

Hackensack police Sgt. Thomas Aletta, right, in court in October 2012. He eventually was acquitted.

By HANNAN ADELY

staff writer |

The Record

The Hackensack City Council agreed to pay more than $500,000 in legal bills for two police officers who were found not guilty of criminal charges related to the former police chief.

The council voted Tuesday to pay $192,115 to reimburse Sgt. Thomas Aletta and $308,857 to Capt. Danilo Garcia for their legal costs. The payments drew protests from local government critics who said the council already has generated millions in legal expenses.

Hackensack’s insurer will not cover the payments, City Manager Stephen Lo Iacono said. The city’s policy does not cover criminal defense cases.

Aletta and Garcia were accused of intervening in a robbery and assault investigation involving two sons of Zisa’s girlfriend. The police officers were found not guilty of official misconduct and conspiracy charges in December.

The city has a right to pay officers’ legal fees under state law, said City Attorney Joseph Zisa, a cousin of the ex-chief.

“Based on case law, the council is given the ability to use their best judgment on a case-by-case basis,” he said.

State law says the council must pay for an officer’s legal defense against charges resulting from the “lawful exercise” of police powers. If the charges are dismissed, the officer’s legal defense must be paid for by the city.

Garcia was represented by Richard Regan of DeCotiis, FitzPatrick and Cole in Teaneck, whose hourly charge was about $390.

Aletta’s legal counsel was Robert Galantucci of Galantucci and Patuto in Hackensack, who charged $225 per hour, the city attorney said.

Joseph Zisa said he negotiated with the two lawyers to lower the total cost by about $25,000. He said he knew of no other way the city could control that cost after a case is resolved. The city’s own pay rate for outside counsel is $125 per hour. The council has been unwilling to hire outside lawyers to defend municipal employees at the outset of criminal trials, he said.

The local government has come under fire over its legal spending. More than 20 police officers sued the city and its former police chief, claiming he used favoritism, intimidation and abuse to further his political ambitions.

Hackensack and its insurer have paid at least $2.5 million fighting civil cases filed against Ken Zisa. The city also has agreed to $3.48 million in payments for some police officers who sued.

Kathleen Canestrino, a Hackensack resident who plans to run for City Council, said Joseph Zisa should go back to the defense lawyers and negotiate a better rate.

She also said the city should have negotiated in the beginning if it knew it could be responsible for the bills. The millions the city has spent on legal fees “is an enormous amount and a tremendous burden to the taxpayers,” Canestrino said.

In December 2011, the city’s insurer canceled the policy, deeming the liability too great after paying to defend dozens of lawsuits.

Hackensack joined the South Bergen Joint Insurance Fund, a pool of government agencies that pay into an account used to settle claims. The city’s policy contains a clause that the fund will not pay any claims involving the former police chief.

Aletta and Garcia had been accused of helping the former police chief cover up an investigation into a 2004 robbery and assault of a 15-year-old boy. Two suspects were Ryan and Michael Tiernan — sons of Zisa’s girlfriend, Kathleen Tiernan — who were living with Zisa at the time, according to prosecutors.

The officers were cleared of the charges in a Dec. 10 state Superior Court ruling and were reinstated at their jobs soon after.

They were tried separately from Zisa, who was acquitted of conspiring with Garcia and Aletta in the robbery and assault investigation. A judge also threw out an official misconduct charge against Zisa for allegedly interfering with that investigation.

Zisa was convicted last year of official misconduct and insurance fraud and sentenced to five years in prison for covering up an alleged drunken-driving incident involving Tiernan. He is free on bail while he appeals his conviction.